United States: Employment and HR

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Court Limits “Get Out Of Arbitration Free” Card For “Implausible” Sexual Harassment Claims
Federal courts are increasingly scrutinizing whether sexual harassment claims are sufficiently plausible to trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act's exemption from arbitration agreements. A recent California decision demonstrates that merely labeling workplace disputes as sexual harassment is insufficient to avoid arbitration when the alleged conduct fails to meet legal standards for severity or pervasiveness under state employment law.
United States Employment
PR
Proskauer Rose LLP
Article
Can Withdrawing A Subpoena Broaden The EEOC's Investigative Power?
The EEOC has withdrawn its controversial subpoena seeking private information about University of Pennsylvania employees affiliated with Jewish groups and programs, despite winning enforcement in district court. Legal experts suggest this strategic retreat may be designed to preserve favorable precedent about the agency's broad investigative authority while avoiding appellate review that could overturn the lower court's decision. Penn agreed not to challenge the district court opinion in exchange for the wi
United States Employment
BT
Barnes & Thornburg LLP
Article
Considerations For Employers Regarding The Collection Of Demographic Data On Employees And Applicants
With the EEOC poised to discontinue EEO-1 reporting requirements and recent executive orders rescinding agency guidance on disparate impact discrimination, employers face critical decisions about whether to continue collecting demographic workforce data. This analysis examines the legal considerations, strategic benefits, and potential risks of maintaining employee demographic information in an evolving regulatory landscape.
United States Employment
LM
Littler Mendelson
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Contract of Employment

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Discrimination, Disability & Sexual Harassment

Article
Court Limits “Get Out Of Arbitration Free” Card For “Implausible” Sexual Harassment Claims
Federal courts are increasingly scrutinizing whether sexual harassment claims are sufficiently plausible to trigger the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act's exemption from arbitration agreements. A recent California decision demonstrates that merely labeling workplace disputes as sexual harassment is insufficient to avoid arbitration when the alleged conduct fails to meet legal standards for severity or pervasiveness under state employment law.
United States Employment
PR
Proskauer Rose LLP
Article
Can Withdrawing A Subpoena Broaden The EEOC's Investigative Power?
The EEOC has withdrawn its controversial subpoena seeking private information about University of Pennsylvania employees affiliated with Jewish groups and programs, despite winning enforcement in district court. Legal experts suggest this strategic retreat may be designed to preserve favorable precedent about the agency's broad investigative authority while avoiding appellate review that could overturn the lower court's decision. Penn agreed not to challenge the district court opinion in exchange for the wi
United States Employment
BT
Barnes & Thornburg LLP
Article
Considerations For Employers Regarding The Collection Of Demographic Data On Employees And Applicants
With the EEOC poised to discontinue EEO-1 reporting requirements and recent executive orders rescinding agency guidance on disparate impact discrimination, employers face critical decisions about whether to continue collecting demographic workforce data. This analysis examines the legal considerations, strategic benefits, and potential risks of maintaining employee demographic information in an evolving regulatory landscape.
United States Employment
LM
Littler Mendelson
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Retirement, Superannuation & Pensions

Article
Practical Considerations For Employers Implementing Trump Account Contributions As A Retention And Recruitment Tool
Employers face strategic decisions about whether to adopt Trump Account Contribution Programs (TACPs) following new DOL guidance clarifying their ERISA status. This analysis examines how TACPs compare against existing family-friendly benefits like dependent care FSAs, 529 plans, HSAs, and student loan assistance, providing a framework for total rewards committees to evaluate demographic fit, competitive positioning, and budget trade-offs.
United States Employment
MB
Mayer Brown
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Unfair/ Wrongful Dismissal

Article
When The Employer Makes The Plaintiff’s Case: DOJ’s Rare USERRA Action Against A Private Employer
When an employer documents that an employee's National Guard obligations are the reason for demotion or termination, it creates overwhelming evidence of discrimination under federal law. This case reveals how the Department of Justice approaches USERRA enforcement against private employers and what triggers federal litigation. The consent decree imposed extensive compliance obligations that extended far beyond monetary damages, demonstrating the lasting consequences of explicitly linking adverse employment
United States Employment
LM
Littler Mendelson
Article
Federal Court Allows Sex And Disability Discrimination Claims To Proceed Against Oracle
A Pennsylvania federal judge allowed Dana Rivkind's sex and disability discrimination claims against Oracle America Inc. to proceed, while dismissing her hostile work environment, retaliation, and emotional distress claims. The case examines whether Oracle's actions following Rivkind's whistleblowing about a Metaverse project—including medical evaluations, isolation, and eventual termination—constituted unlawful discrimination based on sex and disability.
United States Employment
HB
Hall Benefits Law
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Latest Videos

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